Fraud cannot be tolerated in organic, inside or outside of the United States. Anytime there is fraud anywhere in the organic system, it takes value out of the organic chain. The U.S. Department of Agriculture (USDA), certifiers, inspectors and organic businesses all have a shared role in protecting the integrity of the seal.
USDA National Organic Program published the Strengthening Organic Enforcement final rule on January 19, 2023.
The Strengthening Organic Enforcement (SOE) final rule supports the continued growth of the organic market and improves oversight at critical links in the supply chain. The new regulation represents the biggest change to organic regulations since the creation of USDA’s National Organic Program. The rule closes gaps in current organic regulations and builds consistent certification practices to prevent fraud and improve the transparency and traceability of organic products. Fraud in the organic system – wherever it occurs – harms the entire organic sector and shakes the trust of consumers in organic.
- As a service to our members, OTA’s Regulatory Team has compiled the following member-exclusive SOE resources:
- Comprehensive summary analysis of the Strengthening Organic Enforcement Final Rule: This 25-page resource includes detailed summaries of the 14 topics covered in the final rule, highlights of the major changes from current practices, and notable differences from the 2020 Proposed Rule. Please reach out with any questions or support, and we look forward to working with our members to support the successful implementation of the final rule by the compliance deadline on March 19, 2024.
- Webinar Recordings: This library of on-demand videos includes OTA's SOE Final Rule Briefing and the SOE Education Series webinars:
➜ OTA Briefing on the Strengthening Organic Enforcement Rule
➜ Organic Integrity Database with USDA National Organic Program - SOE Implication Snapshot for Organic Produce: Storage and Cooler Facilities (PDF)
- Best Practices for Storing Organic Produce (PDF)
- List of Next Steps: Stay in the know - sign up for the US Government Affairs Forum and enroll in the Organic Fraud Prevention Solutions program.
OTA MEMBERS: Access your member-exclusive training materials and watch the previous webinars here:
Public Summary: Strengthening Organic Enforcement Final Rule
Organic Fraud Prevention Solutions
One of the significant new requirements of the SOE rule addresses supply chain traceability and fraud prevention. Organic operations are now required to include a fraud prevention plan in their Organic System Plan that describes the monitoring practices and procedures used to prevent organic fraud and verify suppliers and organic product status. Members and non-members alike can enroll in our Organic Fraud Prevention Solutions program for step-by-step guidance to develop and implement an organic fraud prevention plan as mandated by SOE.
Blue
Presented on Friday, February 3
The Strengthening Organic Enforcement (SOE) Final Rule is finally here! This new regulation from the USDA’s National Organic Program (NOP) represents the biggest change to organic regulations since the creation of the NOP. It closes gaps in current organic regulations and builds consistent certification practices to prevent fraud and improve the transparency and traceability of organic products.
The Organic Trade Association is here to help our members prepare for implementation by providing the support and resources needed to ensure successful compliance with this significant new rule. Join OTA’s expert regulatory team for our first-look briefing on the rule – exclusive to OTA members. OTA’s Vice President of Regulatory & Technical Affairs, Gwendolyn Wyard, and Farm Policy Director, Johanna Mirenda, will provide you with a high-level analysis of the SOE regulation and what the new regulations mean for you.
Exclusive to OTA members
Download OTA's findings and view the on-demand recording
This briefing was recorded and made available exclusively for OTA members. When you sign up at the link above, you will receive an instant email providing access to a secure members-only page on Strengthening Organic Enforcement, including a link to download our complete report. Scroll to the bottom of the page to find our recorded briefing. If you do not receive the email providing access and believe you reached it in error, please contact Violet Batcha. If you are not certain about your organization's membership status, please contact Danielle Cote.
Presented Thursday, June 8 at 4 pm Eastern / 1 pm Pacific
What can you do with the Organic Integrity Database (INTEGRITY)? So much more than you may know! Join the Organic Trade Association for a webinar exploring INTEGRITY. USDA National Organic Program (NOP) Deputy Administrator Jennifer Tucker will explain the ins and outs of INTEGRITY as a tool for organic market integrity and development. Topics covered will include:
- What is the Organic Integrity Database and how do I use it
- Using the INTEGRITY to mitigate and prevent fraud
- How to find key data points, including acreage and sourcing information through the OID
- Best practices on how to source suppliers and to document compliance through the Organic Integrity Database
- How the INTEGRITY is being used in the implementation of the new strengthening of enforcement rulemaking
We’ll also learn more about how to use this tool for supplier discovery, organic verification, its role in the implementation of the Strengthening Organic Enforcement (SOE) rulemaking, and much more. Learn more about SOE and how we're helping members prepare.
- Esteemed Speakers:
- Jennifer Tucker, PhD, Deputy Administrator | USDA AMS National Organic Program (NOP)
- Joelle Mosso, Senior Director of Technical and Regulatory Affairs | Organic Trade Association (Moderator)
Exclusive to OTA members - use the link below to sign up and access the webinar
Access the webinar online
Blue
Organic fraud rings have been busted for importing non-organic products from Eastern Europe and selling them at organic premiums. Now, the government is beefing up its oversight in the industry. NBC Nightly News interviewed OTA member Alexandre Family Farms along with association CEO Tom Chapman.
The USDA has released new guidelines for organic food labels in order to crack down on fraud and boost oversight amid a surge of popularity in the organic food market.
OTA called the updated rules “a major accomplishment” with its “far-reaching impacts on the organic sector,” adding, “the new regulation represents the biggest change to organic regulations since the creation of USDA’s National Organic Program.”
Blue
- Cover Letter to USDA
- At-A-Glance Summary of OTA’s Positions and Recommendations (All Topics)
- Exemptions from Certification – Section #1
- Imports to the United States (Import Certificates) – Section #2
- Labeling of Nonretail Containers – Section #3
- On-site and Unannounced Inspections – Section #4
- Organic Certificates and Data Reporting – Section #5 & #7
- Continuation of Certification – Section #6
- Personnel Training and Qualifications – Section #8
- Oversight of Certification Activities – Section #9
- Accepting Foreign Conformity Assessments – Section #10
- Noncompliance, Mediation and Appeals – Section #11-15
- Grower Group Operations – Section #16
- Calculating Percent Organic Ingredients – Section #17
- Supply Chain Traceability and Fraud Prevention – Section #18
- Technical Corrections – Section #19
- Additional Amendments considered but not included in this Proposed Rule – Section #20
- Implementation Timeframe
The Organic Trade Association prepared a 10-page summary of the Strengthening Organic Enforcement Proposed Rule for our members. We also prepared a Member Comment Toolkit and a Summary of our Positions on each of the major topics.
The Organic Trade Association welcomes USDA’s efforts to boost the integrity of the global organic market through its Strengthening Organic Enforcement (SOE) Proposed Rule, soon to be published in the Federal Register. The SOE Proposed Rule is the largest single piece of rulemaking since the implementation of the National Organic Program (NOP) regulations. It will fundamentally transform the oversight and enforcement of organic production worldwide.
The Organic Trade Association, on behalf of its members, has been in the driver’s seat with Congress in the 2018 Farm Bill debate leading up to this historic rulemaking. Several proposed requirements are the outcome of the Organic Trade Association’s priorities and successful legislative work in the 2018 Farm Bill, such as closing the loophole on uncertified handlers by requiring certification and mandating electronic certificates for all imports. In addition to its advocacy for the Farm Bill provisions, in November 2018, the Organic Trade Association submitted comments to the USDA on our top priorities for boosting the integrity of the global organic market, identifying 15 areas where improvements are needed to strengthen the global organic control system.
The Organic Trade Association supports strong public and private sector measures to protect against fraud, deepen transparency across the organic supply chain and ensure consumer confidence in the Organic seal. Alongside updates to the regulation, the trade association has recently launched a member-driven, industry-wide Fraud Prevention Solutions Program that organic businesses can enroll in to deter and eliminate organic fraud.
In an otherwise comprehensive rule that seeks to boost consumer confidence and support continued growth of the $55 billion organic sector, the intent of USDA’s consideration of user fees and the proposed amendment to revise accreditation fees is unclear and inadequately explained. The Organic Trade Association looks forward to engaging further with the department for a clearer understanding.
Strengthening Organic Enforcement Proposed Rule Side-by-Side Comparison (current regulation to proposed rule) Fact Sheet: Safeguarding Organic Supply Chains
The USDA National Organic Program is planning to publish a major proposed rule on Strengthening Organic Enforcement in early 2020 (draft rule linked above). The proposed rule is expected to be largest single piece of rulemaking since the implementation of NOP regulations and will that will fundamentally transform the regulations in regard to oversight and enforcement.
This rule incorporates 2018 Farm Bill provisions to protect organic integrity, deter fraud, and bolster trust in the USDA organic label. It will do this by strengthening organic control systems, improving import oversight, and solidifying specific sections of the USDA organic regulations.
More specifically, the proposed rule is expected to:
- Minimize exemptions for organic handlers from organic certification
- Require use of electronic import certificates
- Enhance accreditation and certification oversight in the following areas:
- Robust inspections: unannounced inspections, inspector training, trace-back and mass balance audits, and grower groups
- Confirming organic status: nonretail labeling, standardized organic certificates, data reporting, certifier information sharing
- Overseeing certifiers: 90-day notification for new offices, equivalency reviews, adverse action process
In November 2018, the Organic Trade Association submitted comments to the USDA on our top priorities for boosting the integrity of the global organic market. The Organic Trade Association comments identified 15 areas where improvements are needed to increase the integrity of the global organic control system. Read the full OTA comments here.
The comments were filed in response to an interactive webinar hosted by NOP to inform the public of the organic integrity topic areas that will be addressed and to give organic stakeholders an early engagement opportunity to help inform the proposed rule.
Organic stakeholders are attacking fraud from many angles. The Organic Trade Association’s Organic Fraud Prevention Solutions Program, launched in 2019, is quickly gaining participation among OTA members. Read more about the program here.
Contact
Senior Director, Technical and Regulatory Affairs (831) 706-1841 |